Many small and mid-sized law firms’ approach to e-discovery consists of cobbling together legacy tools to tackle complex data challenges at each stage of a document review project, instead of embracing cutting-edge e-discovery and legal technologies like RelativityOne.
This approach is understandable. Ten years ago, when many firms first formally strategized on their e-discovery practices, e-discovery was a new, confusing, and expensive concept. Attorneys could, in most cases, get by creating PDFs or scanning documents—and judges and opposing counsel typically accepted it without complaint. However, the legal landscape has undergone a dramatic shift in the past decade, particularly accelerated by the COVID-19 pandemic.
The Paradigm Shift in e-Discovery
Fast forward to today, and the paradigm shift in the legal landscape is evident. The COVID-19 pandemic accelerated a cultural move toward technology-first expectations. Cell phone data, Teams chats, and ephemeral messaging are now often commonplace evidence in litigation. The “bubblegum” method of e-discovery, which might have sufficed in the past, simply doesn’t cut it anymore. Modern litigation requires comprehensive, sophisticated tools that can handle the vast and varied types of electronic evidence now prevalent in legal cases.
This technological evolution isn’t just about keeping up with the times; it’s about staying competitive and effective in an increasingly complex legal environment. The sheer volume and diversity of data sources mean that manual processes are not only inefficient but also prone to errors that could jeopardize a case. For example, missing critical metadata or failing to properly manage a large volume of emails can have significant legal consequences.
Moreover, the legal industry’s increased reliance on technology has also brought about stricter compliance and regulatory standards. Law firms are now expected to maintain high levels of data security and privacy, ensuring that sensitive information is protected throughout the e-discovery process. Adopting advanced e-discovery tools helps firms meet these stringent requirements, reducing the risk of data breaches and non-compliance penalties. This shift towards more robust technological solutions not only enhances a firm’s operational efficiency but also bolsters its reputation for reliability and professionalism in handling complex legal matters.
Fear of the Unknown
Despite the clear advantages of modern e-discovery tools, many small and mid-sized firms are hesitant to adopt them. One of the main barriers to entry is the notion that investing in e-discovery costs a fortune. This belief stems from the early days of e-discovery, when technology was indeed prohibitively expensive and complex for small firms with limited litigation support staffs. However, clients who revisit e-discovery today are often pleasantly surprised at how many affordable, user-friendly implementation options have since entered the market.
Outside of cost, the biggest hurdle is user adoption. Attorneys and legal staff might be intimidated by new technology or unsure of how to integrate it into their existing workflows. However, the increasing ease of use of e-discovery solutions is removing the fear of the unknown. Modern e-discovery platforms are designed with user experience in mind, offering intuitive interfaces and robust support systems. This ensures that even those with limited technical expertise can navigate and utilize the tools effectively.
Leveling the Playing Field
For smaller firms wanting to dip their toes into e-discovery, service providers—ours, Proteus Discovery, being one—can provide invaluable support, guidance, and even training on platforms like RelativityOne. This type of partnership transforms a seemingly daunting process into a manageable one. With the right vendor, small firms can receive tailored training sessions that demystify the technology and demonstrate its practical benefits. There’s simply no reason to go it alone, or to turn away engagements that will require e-discovery work.
Additionally, vendors can offer assistance during periods of data surge. Instead of hiring and training temporary staff or reverting to outdated methods, firms can lean on their vendor’s expertise and resources to scale up. This approach not only saves costs but also ensures that the firm can handle large volumes of data efficiently and accurately. By leveraging vendor support, small firms can compete on a technological level with larger firms, evening the playing field and ensuring a focus on the merits of the case, not technical limitations.
Practical Benefits of e-Discovery for Smaller Firms
The benefits of modern e-discovery tools extend beyond mere convenience. They can significantly enhance a firm’s ability to manage and analyze large data sets, leading to more effective case strategies. For instance, advanced search functionalities allow attorneys to quickly locate relevant documents, while analytics tools can identify patterns and connections within the data that might not be immediately apparent. These capabilities are crucial in complex cases where the volume of information can be overwhelming.
Moreover, e-discovery tools can improve collaboration within a legal team and with clients. Secure, cloud-based platforms enable real-time access to documents and case files, facilitating better communication and coordination. This is particularly important in today’s remote work environment, where physical access to documents might be limited.
Another key advantage is the potential for cost savings. While there is an initial investment in e-discovery software and training, the long-term savings can be substantial. Automated processes reduce the time and labor required for document review and data management, which translates into lower operational costs. Additionally, efficient e-discovery practices can lead to quicker case resolutions, reducing the overall expenses associated with prolonged litigation. For small and mid-sized firms, these financial benefits can make a significant difference, enabling them to allocate resources more effectively and invest in further growth and development.
Building Confidence in Technology
In conclusion, the ability to afford and use e-discovery solutions is no longer a privilege reserved for the largest firms. With the help of an experienced vendor and platforms like RelativityOne, small and mid-sized firms can now compete on equal footing. This democratization of technology ensures that justice is not skewed by a firm’s size but is determined by the merits of each case.
As technology continues to evolve, it is imperative for smaller firms to embrace these advancements. The initial investment in e-discovery tools and training is outweighed by the long-term benefits of improved efficiency, accuracy, and competitiveness. By overcoming the fear of the unknown and leveraging modern e-discovery solutions, small and mid-sized firms can achieve big results.
For more information, watch our on-demand webinar, “Mid-Sized Law Firms: 3 Reasons to Embrace e-Discovery.” In it, leaders from Proteus and Relativity talk through the upside of having an in-house e-discovery solution from both the lawyer and vendor perspective.
Ray Biederman has worked in every phase of electronic discovery for more than two decades. He is a Super Lawyer in the area of e-discovery, has been cited in multiple court opinions as an expert witness, and is adjunct faculty for e-discovery at the IUPUI School of Informatics and Computing. He consults on information governance policies and procedures related to cybersecurity and its intersection with government regulation and industry-specific best practices. Outside of his e-discovery experience, Ray is an active litigator representing clients in product liability work, business valuation disputes, and contract disputes.
